Honolulu Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Honolulu, HI

Commercial Real Estate Law in Hawaii

In Honolulu, Hawaii, "commercial real estate" is any form of land or building which is utilized for a business, as opposed to residential, purpose.

Commercial real estate in Honolulu, Hawaii is handled by laws which differ significantly from state and local laws that apply to residential real estate.

Buyers and renters of residential property enjoy some pretty significant legal protections, because the law of most states presumes that shelter (being necessary to survive, for the most part) is more important than business. Therefore, many of these consumer protections don't apply to commercial real estate.

These include implied warranties of habitability, rent control, and covenants of use and quiet enjoyment, among numerous others. Of course, the most general protections, such as prohibiting the seller from actively concealing defects, apply to both.

Common Commercial Real Estate Law Issues in Honolulu, Hawaii

Financing: Many businesses in Honolulu, Hawaii can't save up enough money to pay the full asking price of a decent-sized piece of real estate up front. Nonetheless, it's sometimes necessary for businesses to acquire real estate. To solve this issue, most rely on a mortgage. A mortgage is a typical type of loan, taken out to purchase real estate. The lending institution lends the full purchase price to the borrower, who then purchases the property. The property, in turn, becomes collateral for the loan, which must be paid back over a period of years, with interest.

Concealment of Defects: Sellers and lessors of commercial real estate are under a duty to disclose any defects in the property which might impact the buyer's decision to purchase it, such as water damage, mold, or other structural problems. These defects are quite typical, and the buyer has a right to know about them. If the seller doesn't disclose these defects, where they exist, the buyer can sue for any harm this causes.

Duty to Inspect: This is a companion to the duty to disclose defects. Generally, buyers of real estate are expected to inspect the property. If they fail to conduct a good inspection, they might not be able to recover damages if they are harmed by any defects which an inspection would have revealed.

Encumbrances: Undisclosed encumbrances are defects of another sort: defects of title. An encumbrance is any interest that a third party has in the Honolulu, Hawaii commercial real estate. These usually take the form of easements, which are rights held by third parties to use the land for a specific purpose. Easements can have profound effects on how a new owner can use the land, so it is crucial to know about them before buying.

Can a Honolulu, Hawaii Attorney Help?

These issues are sometimes perplexing, and almost always very important. Therefore, it's essential to seek the assistance of a Honolulu, Hawaii real estate attorney if you have any dealings in this area.

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Life in Honolulu

Honolulu means "place of shelter" and serves as just that for thousands of tourists each year. Nearly 375,000 Hawaiians call Honolulu home. That large population makes the city the most populous in the entire State of Hawaii. As the largest city in one of the U.S.'s most popular vacation states, there are diplomatic facilities of Japan, Philippines, South Korea, Australia, and the Marshall Islands among others. Honolulu is the Capital of the State of Hawaii. Consequently, Honolulu is home to many of the government facilities including the City of Honolulu and Honolulu County as well as Federal instillations like the Federal Detention Center, Honolulu. The prison is a temporary holding place for no more than 1,000 inmates awaiting trial and is located just across from the Honolulu International Airport.

Downtown Honolulu is home to Hawaii's tallest building, the First Hawaiian Center, as well as the Hawaii Pacific University campus. The Honolulu Arts District and Waikiki are the most popular attractions among tourists. The arts district rests on the eastern edge of Honolulu's Chinatown. The Arts District is home to lots of cultural institutions like the Hawaii Theatre, galleries, and venues for performing arts and music. Waikiki is one of the most popular tourist districts and home to the Ala Moana Center which is the worlds largest open air shopping center. The district also has a number of other shops and eateries that cater to tourists and locals alike.

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